October 2009 Archives

Seeing as how October 31 through January 1 has a tremendous amounts of holidays (Halloween, Thanksgiving, Christmas, New Years, Hanukkah and many others) the possibility of being arrested for a DUI is heightened.  Holiday parties, holiday bar specials, family get togethers and other holiday related events can be a serious trap, especially with a Los Angeles DUI checkpoint involved.

The holiday season and the 4th of July weekend are when police, California Highway Patrol and others are out in force for DUI arrests.  People who may have had one small drink face increased chances for an arrest and a DUI conviction if they are not aware of their rights, the law and if they are not aware they they need a qualified Los Angeles DUI defense attorney.

LOS ANGELES DUI CHECKPOINT

A Los Angeles DUI checkpoint is when the police set up a roadblock and "randomly" check drivers of different vehicles.  There are specific rules any Los Angeles DUI checkpoint must follow, including:

• They must be publicized in a local newspaper
• They must obey certain rules regarding field sobriety tests
• They must be set up in a location where an alternative route is available
• And more

If the police do not follow these and other basic Los Angeles DUI checkpoint rules, then a qualified Los Angeles DUI defense attorney can help anyone arrested stay from jail, fines and probation.  If you have been arrested for Driving Under the Influence or "DUI" after being stopped at a sobriety checkpoint, it is important that you consult an experienced DUI attorney immediately.  Our firm's former DUI prosecutors will advise you on defense strategies to a case involving a DUI investigation stemming from a Sobriety Checkpoint.

If you have been arrested for at a Los Angeles DUI checkpoint, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin.  Our highly skilled team will examine the circumstances surronding your arrest, investigate the scene of the checkpoint and craft a unique defense that will focus on keeping you free from conviction.  Call us today at 877-781-1570.

In San Francisco, a man with multiple DUI convictions was sentenced to two years in state prison for smashing into cars in a parking lot.  William Scott Simon of Belment was arrested after the event in January.  Of the man's multiple DUI convictions, most were from 1986 to 2005.  He took a breath test that showed his blood alcohol content was .22 percent, nearly three times the legal limit of .08.

Multiple DUI convictions can lead to various consequences, including jail time, losing your license for an extended period of time, having an interlocking device placed on your vehicle and much more.  Prior convictions for DUI will make all the difference in the penalties you may face for your current DUI charge. Driving under the influence is not taken lightly in the state of California; multiple offenders are often punished with larger fines, longer jail sentences, and extensive license suspension time periods.

This is why it's important to get a highly skilled Los Angeles DUI defense attorney right away.  If you have been arrested for DUI for the first time, you need a qualified Los Angeles DUI defense attorney who can keep you free from conviction, jail time, fines and probation.  If you have been arrested and you have multiple DUI convictions, then you need a Los Angeles DUI defense attorney who is aggressive, knowledgeable, experienced and successful.  In either instance, you require a DUI attorney who knows the law, knows the courts and who knows how to keep you out of prison.

Multiple DUI convictions could prevent you from getting a job, from keeping your current job, from getting to and from home and much more.  Interlocking devices could cause serious problems and public shame, and without a skilled Los Angeles DUI defense attorney you are at the mercy of the courts.  Multiple DUI convictions are no laughing matter, and you need an attorney who is as aggressive and serious about your defense as you are.

If you have multiple DUI convictions, or if you've simply been arrested for your first DUI, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today by calling 877-781-1570.

California is passing new laws which are going to severely punish Los Angeles DUI offenders, and other state DUI offenders.  The California highway patrol has announced the expansion of major tactics used against drunk drivers in Los Angeles and throughout the state.  These moves are being taken as "preventative measures" and have led to further funding for the CGP.  Their goal is to reduce the overall alcohol related crimes, including Los Angeles DUI cases.

The California Highway Patrol will have a strict enforcement of Los Angeles DUI laws as well as speeding, unsafe passing and more.  Los Angeles DUI defense attorneys regularly have to combat intense public scrutiny and law enforcement tactics, regardless of whether or not these tactics are constitutional.  For example, when the police take "preventative measures" against alleged Los Angeles DUI offenders, it could very well breach their right to a fair trial, right to a jury trial and even the basic concept of innocent until proven guilty.  Since Los Angeles DUI defendants are seen as guilty from the moment they are arrested, only a skilled Los Angeles DUI defense attorney can adequately provide legal representation.

Los Angeles DUI Defense

To successfully defend someone accused of a Los Angeles DUI, many aspects of the arrest must be taken into consideration.  For example, the actions of the arresting officer, the way the breath test or blood test was administered and even the paperwork involved should all be put under intense scrutiny.  Without these efforts, someone can be found guilty and have their life changed forever.  A Los Angeles DUI court process can threaten the defendant's ability to get a job, get to and from work, pick up their kids and even get to the store to purchase groceries. 

When the CHP increases their efforts to protect other drivers, they may be doing so at the expense of people's basic rights.

If you have been arrested for or charged with a Los Angeles DUI crime, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today by calling 877-781-1570.

The Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin understand all too well that the consequences for a Los Angeles DUI arrest stem far beyond what the courts hand down.  Public shame, family issues, career challenges and more all stem from a Los Angeles DUI arrest.  You don't even have to be convicted, when the public decides you are guilty it is very difficult to be proven innocent in the court of public opinion.

For example, a NASCAR driver was recent arrested for a DUI and has to face certain types of public humiliation.  AJ Allmendinger was charged, but not convicted, of driving under the influence after police pulled him over and he registered a .08 on the Breathalyzer test he took.  Throughout the country a .08 is pretty much the standard for a failed breathalyzer test.  As a result, Allmendinger was administered a breathalyzer test prior to the Sprint Cup practice run at Talladega Superspeedway in Talladega, Alabama.

Imagine that, a NASCAR driver being publicly administered a breathalyzer test before one of the biggest races of the season.  This sort of public humiliation typically follows anyone who is arrested for a DUI.  A Los Angeles DUI arrest often involves a failed breathalyzer test, and without a skilled Los Angeles DUI defense attorney, those results can lead to a lifetime of trouble.  Failed breathalyzer tests can make the public think you're guilty, regardless of the fact that the science behind breathalyzer tests is faulty and often misused by prosecutors and the courts.  You could face ridicule at work, loss of your driver privileges, public shame and more if you're convicted, or even charged with, a DUI.

This is why having a skilled, experienced Los Angeles DUI defense attorney on your side is so very important.  In America, the principles of innocent until proven guilty should always be upheld, breathalyzer or not breathalyzer, and without an attorney you could be left to the wolves.

If you've been arrested with, charged with or accused of a Los Angeles DUI, even if you failed a breathalyzer test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner  Gorin today at 877-781-1570.

In Los Angeles, celebrities are arrested and/or charged with driving under the influence all the time.  Unfortunately, without a highly skilled Los Angeles DUI defense attorney, even celebrities face serious consequences stemming from any DUI conviction.  If charged with driving under the influence, you need a skilled Los Angeles DUI defense attorney who understands the DUI court proceess as well as the best defenses for DUI.

While so many people feel that celebrities can get away with murder and policemen are looking for people to arrest, a recent event proves that celebrities and policemen are people, too.  Actor Dennis Quaid recently very narrowly avoided being arrested for driving under the influence of alcohol when a Los Angeles policeman suggested he call a taxi instead of driving himself home.  The "G.I. Joe: The Rise of Cobra," star was leaving a Beverly Hills restaurant in the early hours of the morning on October 22nd when he hopped into the driver's seat to drive himself, his wife and a friend home.  Before he could pull away, however, a police cruiser pulled alongside him and asked him to step out of his vehicle.  Video footage from website TMZ.com shows Quaid repeatedly being asked to step out of his vehicle before going back inside the restaurant to call a cab, saving himself from a possible arrest.

Driving under the influence of alcohol is a criminal offense that Los Angeles policemen take very seriously.  As many as 30% of traffic fatalities in 2008 occurred as a result of someone driving under the influence of alcohol.  Driving under the influence is a serious threat to the safety of the many drivers that share the road with you, and legislation in Los Angeles is increasingly strict in dealing with DUI offenders.  A new pilot program signed into law by Governor Arnold Schwarzenegger will require the installation and maintenance of an ignition interlock device in the vehicles of every Angeleno convicted of DUI.  The new pilot program is scheduled to go into effect in 2010 with installation and maintenance fees to be paid by the vehicle's owner.  Aside from the ignition interlock device, jail or prison sentences, alcohol counseling or rehabilitation or extensive fines are all common punishments for those convicted of DUI.  The length and severity of each punishment can vary depending on the offense itself.  Repeat DUI offenders would be subjected to ever harsher punishments while some first-time offenders may land themselves in jail if they cause enough damage or injury. 

If you or someone you know has been charged with driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away.  Our attorneys have decades of combined experience in defending against DUI charges and we know that tiny details can make a big difference in your defense.  Call us today and let us fight for you.

Los Angeles DUI arrests can result in serious consequences, whether you are a regular citizen or a celebrity.  A Los Angeles DUI arrest might involve a breathalyzer test, a blood test or some other sobriety test which can be difficult to overcome without a qualified Los Angeles DUI defense attorney.

Many people are under the impression the celebrities always get away with bad behavior because of their fame.  In some instances this may, in fact prove true.  Fame, however, was not enough to save Tawney Kitaen from a Los Angeles DUI arrest by Newport Beach police on suspicion of driving under the influence of drugs or alcohol.  Kitaen, who is was most recently seen on VH1's "The Surreal Life" and "Dr. Drew's Celebrity Rehab," was stopped by police shortly before 3 in the afternoon on a Sunday this past September in the vicinity of Orange County's John Wayne Airport.  The former actress and model has been through several rehabilitation stints in the past; once, for spousal battery of her ex-husband, former baseball star Chuck Finley, and again in 2006 after being arrested for the possession of cocaine.  Sheriff's deputies searching Kitaen's San Juan Capistrano home at the time found 15 grams of the drug.

Driving under the influence charges are taken very seriously by prosecutors in Los Angeles.  In the case of a conviction, punishments for a Los Angeles DUI arrest can range from court-ordered alcohol counseling, heavy fines and the loss of driving privileges to time in a Los Angeles County jail or even a state prison.  The severity of the punishment depends on the circumstances of each individual case.  Very often, no two cases are alike.  Factors such as prior criminal or Los Angeles DUI arrest records, driving above the posted speed limit, having children in the car, damaging property, injuring another person or having a blood alcohol concentration above .20% can all weigh heavily in favor of harsher penalties or longer jail or prison sentences.   

If you have suffered a Los Angeles DUI arrest for driving under the influence of either drugs or alcohol, call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today.  You do have options.  In many cases, breath analysis machine results can be faulty, or the arresting officer in your case failed to follow proper procedure.  Little details such as this can actually result in charges against you being dismissed altogether.  Let us fight for you.

When Los Angeles DUI defense attorneys represent people accused of drunk driving, they have to keep their eyes on new Los Angeles DUI laws being passed.  Many of these laws seek to add serious punishments on top of jail time, fines and probation.

Earlier this month California Governor Arnold Schwarzenegger signed legislation that will start a pilot program in Los Angeles County requiring the installation of an ignition interlock device for all drivers convicted of driving under the influence of alcohol.  Seventeen states already have similar legislation in effect with early statistics showing a measurable reduction in the number of Los Angeles DUI offenses.  The law, nicknamed "Matt's Law," for the son of Mary Koltzbach, who was killed by a drunk driver, requires everyone convicted of a driving under the influence of alcohol to pay to install a device, similar to a breath analysis machine, into which the driver must blow before being able to start their vehicle.  If the device detects alcohol on the breath of the driver, the ignition locks up and the vehicle will not start.  Periodic retests while the car is in motion are also required.  First time Los Angeles DUI offenders will be required to use the machine in their cars for five months, after which the device will be removed.  Repeat driving under the influence offenders will be required to have the device installed and maintained in their vehicles for a year or longer.  Installation of the ignition interlock device would cost the defendant $75 to $100, while monthly maintenance of the device would cost them roughly $50.  The new pilot program goes into effect July 1, 2010 and will also be adopted in Sacramento, Alameda and Tulare Counties. 

Los Angeles law enforcement officials are getting serious about cracking down on driving under the influence offenses.  In 2008, an estimated 30% of traffic accident deaths resulted from at least one driver involved being under the influence of alcohol.  While public safety is always something to strive for, many people are unhappy about the new law.  Concerns over the effectiveness of each breath test have been raised, as has the issue of random tests occurring while a vehicle is in motion.  Many forms of breath analysis machines used to test drivers suspected of Los Angeles DUI are notoriously difficult to maintain and can accumulate residues from previous breath tests leading to falsely high readings. 

If you have been accused of driving under the influence of alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have decades of experience in defending against Los Angeles DUI charges and we know that technical data from machines cannot always be trusted.  Call today to start preparing your defense. 

Los Angeles DUI defense attorneys represent high profile personalities all the time, some more tragic than others.  Not all celebrity DUI cases involve alcohol however, some involve drugs such as marijuana and other substances which are illegal in Los Angeles.

Popular comedian Artie Lange pleaded guilty in a New Jersey court to driving under the influence of habit-forming drugs stemming from a traffic accident earlier this year.  Lange, who is a popular guest on Howard Stern's radio show, admitted that he was driving under the influence of prescription sleeping pills when he rear-ended another car on July 10th about 40 miles east of Trenton, New Jersey.  Lange had taken the sleeping pills the previous night, but was still feeling the effects.  Both vehicles sustained minor damage and nobody involved in the accident was injured.  Officers called to the scene saw that Lange was under the influence of some substance, though they could not tell at the time whether it was drugs or alcohol.  While the presiding judge in the case revoked Lange's license to drive for seven months, no other penalties have been assessed yet. 

Driving under the influence charges are typically associated with the consumption of alcohol, but many Los Angeles DUI cases are caused by a variety of substances that can impair your judgment while driving.  Prescription drugs such as pain killers or sleeping pills can often serve to slow your reaction time and awareness while driving.  Many people are arrested each year and charged with driving under the influence of drugs such as marijuana or cocaine.  In a city such as Los Angeles where millions of people get in a car and drive every day, local law enforcement comes down especially hard on people who drive under the influence of either drugs or alcohol.  For many people charged with DUI, court proceedings can be especially stressful because this might be their first ever brush with criminal charges.  If convicted of DUI, you might find yourself with a suspended license, heavily fined or even sentenced to jail. 

If you have been charged with driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have over 50 combined years of courtroom experience in dealing with DUI charges and we know how to fight for you.  An experienced Los Angeles DUI defense attorney knows that so many seemingly small details can greatly influence the outcome of your case.  Call today to begin preparing your defense. 

One of the most common pieces of evidence used in convicting people of driving under the influence of alcohol is the Los Angeles breath analysis test results.  Breath analysis machines, or breathalyzers, analyze the chemical compounds in a suspect's breath, looking for signs of alcohol.  Breath analysis machines specifically look for compounds that contain the methyl group, which is found in alcoholic drinks.  Since their invention and widespread use by law enforcement in determining the sobriety of drivers, breathalyzers have been frequently criticized for a variety of reasons.  Many breath analysis machines need to be cleaned and recalibrated after each use or residue from prior breath tests can lead to falsely high alcohol readings over the course of a police officer's shift.  Other breathalyzers only give accurate readings under very specific conditions, leading to inaccuracy in extremely cold or warm settings.  One of the biggest critiques against the use of breath analysis machines in Los Angeles in convicting people of driving under the influence of alcohol is that they frequently test for all chemical compounds similar to methyl group in molecular structure, many of which are not alcohol at all.  Cold medications, breath sprays and mouthwash are frequently misinterpreted by breath analysis machines as alcohol.  While everybody knows that alcohol can and does impair judgment and reaction times while driving, it is doubtful that mouthwash would have that effect on drivers.

Los Angeles DUI defense attorneys work hard to analyze all the data regarding Los Angeles DUIs, forcing them to be scientists as well as lawyers.  Recent scientific research also suggests that smoking cigarettes may also lead to falsely high readings on Los Angeles breath analysis machines.  Because breath analysis machines look for methyl group compounds and assume the compound was caused by alcohol consumption, the machines cannot distinguish between alcohol and acetaldehyde.  Acetaldehyde is produced in small amounts by the liver during alcohol consumption.  Smokers also carry small amounts of acetaldehyde in their lungs as a by-product of smoking which, in turn, leads to higher readings on breathalyzer tests.  Aside from the acetaldehyde, smoking also influences the body's absorption of alcohol, which can also lead to inaccurate breathalyzer test readings and make it much more difficult to know exactly how much alcohol a driver has consumed.  To date, a blood test is still the most accurate method of determining a person's blood alcohol concentration.

If you have been charged with driving under the influence of alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined five decades in successfully defending against DUI charges.  Our experience has shown us time and time again that breathalyzer test results are at best unreliable.  Call us today to begin preparing your defense.

At Kestenbaum, Eisner & Gorin, our skilled Los Angeles DUI defense attorney team is dedicated to your freedom, your future and your well-being.  Any Los Angeles DUI charge could lead to serious consequences that affect your life, including career choices and more.  The Los Angeles DUI process involves many steps, including a DMV hearing, which could play a huge role in how the case is decided overall.   

For example, University of Kansas basketball star Brady Morningstar was arrested for driving while intoxicated on the Kansas Turnpike in Lawrence, Kansas.  Morningstar was arrested at 3:25 a.m. and released on $250 bond later that same morning.  Officials for the Jayhawks have already suspended Morningstar from playing any of the team's first semester games.  Morningstar will be allowed to practice with the team, but will not travel or suit up with his team until his suspension is completed, which might be a big loss to the team as Morningstar started in nearly every game last season.  Morningstar's arrest for driving while intoxicated comes just a few days after a campus brawl between the University's football and basketball players led to the imposition of a strict curfew and code of conduct rules put into place by the basketball team's head coach, Bill Self. 

While Morningstar's arrest occurred in Kansas, driving while intoxicated charges are no less serious here in Los Angeles.  In Los Angeles, there are essentially two trials for every one DUI or DWI charge, a Department of Motor Vehicles trial and a criminal trial.  A DMV hearing is used to determine whether or not you are able to retain your driving privileges up until your criminal trial.  You have ten days from the time of your arrest for either DUI or DWI to contact an experienced Los Angeles criminal defense attorney and schedule your DMV Hearing.  Failure to do so will result in the automatic suspension of your driver's license.  While being without a driver's license may be inconvenient enough, going through DWI criminal proceedings can be a scary experience for many people. 

Being convicted of a DUI or DWI, whether it is classified as a misdemeanor or felony offense, can leave you with a criminal record, limiting where you can work and even where you can live.  An experienced Los Angeles DUI defense attorney knows that seemingly small details can often make or break your case.  The officer who arrested you may not have followed the proper procedure during your arrest, or the breath analysis machine he or she used to determine your sobriety may be inaccurate.  Don't let your reputation and even your freedom be jeopardized. 

If you have been charged with DWI or DUI, and/or if you have a DMV Hearing upcoming, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined 50 years in successfully defending against DUI or DWI charges and we know how to fight for you.